Photographer Dave Walsh filed a lawsuit against LA
OPINIÓN S.A. over the economic rights to the photo titled
FROOME AND BERNAL, VOLTA CATALUNYA 2019 and the moral
right of attribution.
The media outlet LA OPINIÓN S.A. defended itself against
the lawsuit by invoking the exception to the exercise of economic
rights, which allows copying of newsworthy information without
authorization and payment of remuneration (Art. 33 of Law 23 of
1982; Art. 22 of Decision 351).
In resolving the case, the National Copyright Office, acting
within its jurisdictional authority, summarized the requirements to
apply the exception:
- Specific subject matter of the work used: the work must fall
into categories such as current events, or economic, political, or
religious discussion.
